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Legislative Assembly for the ACT: 2004 Week 09 Hansard (Wednesday, 18 August 2004) . . Page.. 3894 ..

Note Change includes change by omission, substitution or addition (see Legislation Act, dict, pt 1).

(4) Before making a direction under a review order, the board must ask the offender’s case manager to make a written submission to the board about the proposed direction.

Note Case managers for offenders are appointed under the Rehabilitation of Offenders (Interim) Act 2001, s 97A.

(5) In considering whether to make a direction under a review order, the board must take into account any submissions given to the board under subsection (4).

(6) If the board makes a direction under a review order, the direction takes effect as if it had been made by the court in sentencing the offender.

(7) If a review order is made for an offender, and the offender breaches a penalty order, or a condition stated in the review order, the court may, by order, in addition to any other powers the court may exercise in relation to the sentence—

(c) change the review order to restrict or remove the powers of the board under the order; or

(d) revoke the review order.

(8) This section does not prevent the court, by order, otherwise than under subsection (7)—

(e) changing a review order (including a change to a condition of a review order); or

(f) revoking a review order.

(9) The court may not, by a review order, authorise the board to change—

(g) a nonparole period fixed in the sentence; or

(h) the overall term of the sentence.

4

Clause 5

Proposed new section 366C, example 1

Page 9, line 12—

omit

The court also orders

substitute

The court, by a review order, orders

5

Clause 5

Proposed new section 366C, example 2

Page 9, line 24—

omit

The court also orders

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